HomeMy WebLinkAbout2015 198 Columbus Street18.,7oIPc,
-70 DS .
Prepared by:
Burney J. Carter, P.A.
Post Office Box 780266
Sebastian, FL 32978-0266
When recorded return to:
Burney J. Carter, P.A.
Post Office Box 780266
Sebastian, FL 32978-0266
Parcel ID Number: 31380100002016000021.0
1.
2.
3.
3120150043866
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 2863 PG: 1501 Page 1 of 2 72012015 10:45 AM
D DOCTAX PD $0.70
QUIT -CLAIM DEED
IDENTIFICATION OF GRANTORS
Grantors' names and addresses are: JOAN POLLITT
8621 Leatherwood Road
Gulford, Indiana 47022
The word "I" or "me" as hereafter used means the Grantor.
IDENTIFICATION OF GRANTEES
Grantee's name and address is:
CITY OF SEBASTIAN,
a Florida Municipal Corporation
1225 Main Street
Sebastian, Florida 32958
The word "you" as hereafter used means the Grantee.
MEANINGS OF TERMS
The terms "I," "me," "you," "grantor," and "grantee," shall be non -gender specific ((I)
masculine, (ii) feminine, or (iii) neuter, such as corporations, partnerships or trusts), singular or
plural, as the context permits or requires, and include heirs, personal representatives, successors or
assigns where applicable and permitted.
4. DESCRIPTION OF REAL PROPERTY CONVEYED
Property hereby conveyed (the "Real Property"), located in Indian River County, Florida, is
described as follows:
Lot 21, Block 16, Sebastian Highlands, Unit 1, according to the plat thereof as recorded in
Plat Book 5, Page 14, Public Records of Indian River County, Florida.
THIS DEED WAS PREPARED BASED UPON THE INFORMATION PROVIDED BY
THE PARTIES HERETO AND WITHOUT THE BENEFIT OF TITLE EXAMINATION
AND/OR SURVEY. BY THE DELIVERY (BY GRANTOR) AND ACCEPTANCE (BY
GRANTEE) OF THIS DEED, THE GRANTOR AND GRANTEE AGREE TO
INDEMNIFY AND HOLD HARMLESS THE PREPARER OF THIS DEED FROM ANY
AND ALL LIABILITY ARISING BY REASON OF MATTERS WHICH WOULD HAVE
BEEN REVEALED BY A SEARCH OF THE PUBLIC RECORDS.
5. CONSIDERATION
Good and valuable consideration plus the sum of Ten Dollars ($10.00) received by me from
you.
6. CONVEYANCE OF REAL PROPERTY
For the consideration described in Paragraph 5, I convey, remise (to give up a claim), and quit
claim (transfer without warranty) to you any interest I may have in and to the Real Property.
7. NOT HOMESTEAD
I represent and warrant that the Real Property is neither the homestead or residence of myself
or a member of my family, nor is the Real Property adjacent to the homestead or residence of myself
or a member of my family.
Executed on _ _ (Ylay), `1
Signed in the presence of:
2" Witness Signature
NOMki A. 5v+6A,�
2" Witness Printed Name
STATE OFf) h O
COUNTY OF J M 1 O(N,(,
JOAN PO LITT
8621 Leatherwood Road
Gulford, Indiana 47022
The foregoing instrument was acknowledged before me this �y`-day of
015, by JOAN $OlLITT, who is personally known to me (yes or no) or
Ted �J?,� CPt��L asidentification.
ti�
otary ublic - State of•
otary Printed Name: " r, L e N;
Notary Commission Number:
Notary Commission Expires: � ty N uGt r vl / z4Zz219
JACQUEUNEIEMEN
Way State0(obb
My Comm. E)#es Jan. 14, 2018
IN THE CIRCUIT COURT FOR INDIAN RIVER
COUNTY, FLORIDA PROBATE DIVISION
IN RE: ESTATE OF
GREGORY H. SMITH
Deceased.
File No. 312015CP000711
XXXXXX
Division PROBATE
ORDER DETERMINING HOMESTEAD STATUS OF REAL PROPERTY
(Intestate - heirs, no spouse or lineal descendant - exempt from claims)
On the petition of JOAN POLLITT for an order determining homestead status of real
property (the "Property"), all interested persons having been served proper notice of the petition
and hearing, or having waived notice thereof, the court finds that:
I. The decedent died intestate and was domiciled in INDIAN RIVER County,
Florida;
2. The decedent was not survived by a spouse;
3. The decedent was not survived by a descendant;
4. The decedent was survived by the following heirs at law: JOAN POLLITT;
5. At the time of death, the decedent owned and resided on the real property
described in the petition; it is
ADJUDGED that the following -described Property:
Lot 21, Block 16, Sebastian Highlands, Unit 1, according to the plat thereof as recorded
in Plat Book 5, Page 14, Public Records of Indian River County, Florida. Parcel
Identification Number: 01-31-38-00002-0160-00021/0,
constituted the homestead of the decedent within the meaning of Section 4 of Article X of the
Constitution of the State of Florida.
ADJUDGED FURTHER that title to the Property descended, as of the decedent's date of
death, and the constitutional exemption from claims of decedent's
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
5
INDIAN RIVER COUNTY
following heirs of the decedent:
NAME ADDRESS
JOAN POLLITT 8621 Leatherwood Road
Gulford, Indiana 47022
RELATIONSHIP SHARE
Mother
100%
ADJUDGED FURTHER that the personal representative is authorized and directed to
surrender all of the Property which may be in the possession or control of the personal
representative to said heirs, and the personal representative shall have no further responsibility
with respect to it.
ORDERED on 3 2015.
M
Circuit Judge
VICTORIA L. GRIFFIN
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTI ATTHIS IS A
TRUE AND CORK COPF THE
ORIGINAL ON FIL I Ise, FrICE.
�couxr� !YI ERK
1A UTY
IN THE CIRCUIT COURT FOR INDIAN RIVER
COUNTY, FLORIDA PROBATE DIVISION
IN RE: ESTATE OF
GREGORY H. SMITH
Deceased.
File No. 312015CP000711
XXXXXX
Division PROBATE
ORDER OF SUMMARY ADMINISTRATION
(intestate)
On the petition of JOAN POLLITT for summary administration of the estate of
GREGORY H. SMITH, deceased, the court finding that the decedent died on July 29, 2013; that
all interested persons have been served proper notice of the petition and hearing or have waived
notice thereof; that the material allegations of the petition are true; and that the decedent's estate
qualifies for summary administration and an Order of Summary Administratioi.shoul(Ebe
entered, it is = To
ADJUDGED that:
1. There be immediate distribution of the assets of the decedent as fo lov"
Name & Address Asset, Share or Amount 1•
C
e -
JOAN POLLITT Lot 21, Block 16, Sebastian Highlands, Unit -PROTECTED
8621 Leatherwood Road 1, according to the plat thereof as recorded in HOMESTEAD -
Gulford, Indiana 47022 Plat Book 5, Page 14, Public Records of EXEMPT
Indian River County, Florida. Parcel
Identification Number: 01-31-38-00002-0160-
00021/0.
2. Those to whom specified parts of the decedent's estate are assigned by this order
shall be entitled to receive and collect the same, and to maintain actions to enforce the right.
3. Debtors of the decedent, those holding property of the decedent, and those with
whom securities or other property of decedent are registered, are authorized and directed to
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
comply with this order by paying, delivering, or transferring to those specified above the parts of
the decedent's estate assigned to them by this order, and the persons so paying, delivering, or
transferring shall not be accountable to anyone else for the property.
ORDERED on 2015.
M
Circuit Judge
VICTORIA L. GRIFFIN
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTI THATFF
TRUE AND CORR9COP T E
ORIGINAL ONFIL,E THISCE.
DEPUTY CLERK
/ .�O/S
Ln OF
SEB
HOME OF PELICAN ISLAND
1225 MAIN STREET • SEBASTIAN, FLORIDA 32958
TELEPHONE: (772) 589-5330 • FAX (772) 589-5570
5/12/2015
Mr. Edward Smith
8621 Leatherwood Rd.
Gulford, Indiana 47022
Mr. Edward Smith,
This letter is in regard to the property located at 198 Columbus St. in Sebastian which was previously
owned by your brother Gregory Smith who passed away on July 29, 2013. The property is in major
disrepair and is considered an Unsafe Structure per City Code of Ordinance 26-34.08.
Recently, you were sent documents from our attorney Burney Carter. Since Gregory Smith had no other
family members that would otherwise inherit the property, the documents sent request the signature of
your mother, Ms. Joan Pollitt, which will assist us in obtaining an Order Determining Deed. Once the
property deed is obtained, it has been agreed upon by both parties that the property deed will be signed
over to the City of Sebastian so the city can take the appropriate steps to demolish the building and
remove the unsafe conditions that exist. After the demolition is completed, it is the City's intention to re-
sell the property and use the proceeds to recoup the City's associated costs involved in the acquisition of
the property, demolition of the structure and the subsequent sale of the property.
You have stated that you have incurred some expenses associated with burial of your brother Gregory
Smith and would like to be reimbursed for those expenses from the proceeds of the subsequent sale of
the property. Your request has been reviewed by our City Council, our City Attorney and our City
Manager. It has been determined that the City will reimburse you for your burial expenses, but only after
all other expenses incurred by the City as a result of the acquisition of the property, the removal of the
unsafe structure and the sale of the property have been paid. The burial expenses will be determined by
evidence of receipts supplied by you.
The City of Sebastian appreciates your cooperation in this matter. Feel free to contact me should you
have any questions or concerns.
Best regards,
Wayne Eseltine, CBO,CFM
Building Director
772-388-8235
CONSENT: 10/6/16
Oyce of
INDIAN RIVER- COUNTY
ATTORNEY
Dylan Rcingold, County Attorney - - MEMORANDUM
Wil , a
liarnKDeBraal,DeputyCountyAttorneY MEMORANDUMKate Pingolt Cotner, Assistant County Attorney R
TO: Board of County Commissioners
FROM: Wiliam K. DeBraal - Deputy County Attorney P�l
DATE: September 22, 2015
SUBJECT: Resolution Cancelling Taxes on Property Acquired by the City of
Sebastian for Remediation of Public Nuisance and Health Hazard
A Resolution has been prepared for the purpose of cancelling any delinquent or
current taxes which may exist on the following property acquired by the City of
Sebastian:
Property acquired from Joan Pollitt and fully described in that
certain Quit -Claim Deed recorded in Book 2863, Pages 1501-1502
of the Public Records of Indian River County, Florida for use by the
City of Sebastian for the remediation of public nuisance and health
hazard.
FUNDING:
There is no cost associated with this item.
RECOMMENDATION:
Authorize the Chairman of the Board of County Commissioners to execute the
attached Resolution to cancel certain taxes upon publicly owned lands, and the
Clerk to send a certified copy of same to the Tax Collector and the Property
Appraiser so that any delinquent or current taxes can be cancelled.
lnhm
Attachments: letter request
Resolution
cc: Carole Jean Jordan - Tax Collector
David Nolte - Property Appraiser
Robert A. Ginsburg — City Attorney, City of Sebastian
Approved for October B, 2015 BCC Meeting
CONSENTAGENDA
COt1 TY -A- TTORNEY
RO
BAS
E TM
;;an;;;
HOME OF .. :.�
1225 MAIN STREET • SEBASTIAN, FLORIDA 32958
TELEPHONE: (772) 589-5330 • FAX (772) 589-557C
September 16, 2015
Ms.Nancy Mossali
Legal Assistant
Indian River County Attorney's Office
1801 27`"Street, Building
Veto Beach, FL 32960
Re: Quit Claim Deed to City of Sebastian (See Attached)
198 Columbus Street, Sebastian, FL 32958
Dear Ms. Mossali:
SEP 18 2015
The City of Sebastian recently acquired the above referenced parcel of land and respectfully requests
that Indian River County provide an exemption from ad valorem taxes.
The previous owner died in 2013 and the property has deteriorated to the point that It constitutes a
public nuisance, a health hazard and an "attractive nuisance" in the community. Neighboring property
owners brought this derelict property to the attention of the City with numerous complaints. A
substantial portion of the roof has fallen in and the interior walls have accumulated significant mold
damage. The City's Building Director has determined that the property cannot be repaired and must be
demolished. The property is considered an Unsafe Structure per City Code of Ordinance 26-34.08.
The Indian River County Property Appraisers Office has recently inspected the property and agrees with
the foregoing conclusions. The Office has reduced the 2015 assessment to the lowest amount possible
under Department of Revenue Regulations. All property taxes including an escrow for 2015 taxes have
been paid.
The Sebastian City Council was made aware of the condition of the property and the fact that no family
members were interested in inheriting it and becoming responsible for any repairs. The City Council
determined, consistent with staff advice, that the most expeditious way of addressing this public
nuisance was for the City to acquire ownership and demolish the structure, Therefore, the public
purpose in this case is the remediation of a public nuisance and health hazard.
Thank you for your attention to this matter.
Very truly yours,
Robert A. Ginsburg
City Attorney
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Parcel # 31-38-01-00002-0160-00021.0
Acquired by City of Sebastian from Joan Pollitt
Public Purpose: remediation of public nuisance and health hazard
Location: Lot 21, Block 16, Sebastian Highlands, Unit 1
(198 Columbus Street, Sebastian, FL 32958)
RESOLUTION NO. 2015-
A RESOLUTION OF INDIAN RIVER
COUNTY, FLORIDA, CANCELLING
CERTAIN TAXES UPON PUBLICLY OWNED
LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of
County Commissioners of each County to cancel and discharge any and all liens
for taxes, delinquent or current, held or owned by the county or the state, upon
lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States, for
road purposes, defense purposes, recreation, reforestation, or other public use;
and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes property
describing such lands and setting forth the public use to which the same are or
will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and directed
1
24
RESOLUTION NO. 2015 -
to make proper entries upon the records to accomplish such cancellation and to
do all things necessary to carry out the provisions of section 196.28, F.S.;
NOW,
THEREFORE, BE
IT RESOLVED
BY THE
BOARD OF
COUNTY
COMMISSIONERS
OF INDIAN
RIVER
COUNTY,
FLORIDA, that:
Any and all liens for taxes delinquent or current against the following
described lands acquired for public use for the remediation by the City of
Sebastian of a public nuisance and health hazard are hereby cancelled pursuant
to the authority of section 196.28, F.S.
See attached Quit -Claim Deed describing lands,
recorded in Book 2863 at Pages 1501-1502, Public
Records of Indian River County, Florida.
The resolution was moved for adoption by Commissioner , and
the motion was seconded by Commissioner , and, upon being put to
a vote, the vote was as follows:
Wesley S. Davis, Chairman
Bob Solari, Vice Chairman
Commissioner Joseph E. Flescher
Commissioner Tim Zorc
Commissioner Peter D. O'Bryan
2 25
RESOLUTION NO. 2015 -
The Chairman thereupon declared the resolution duly passed and
adopted this day of October, 2015.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Wesley S. Davis, Chairman
ATTEST: Jeffrey R. Smith, Clerk
of Court and Comptroller
By:
Deputy Clerk
Tax Certificates Outstanding _ yes no
Current Prorated Tax Received and (D9
Deposited with Tax Collector $ 1q.
APPROVED AS TO FORM
AND LEGAL SUFFIGi
8Y
WLL MK EBPAAL
DE14MCOUNWATTOMEY
3 26
120150043866 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL
W: 2863 PG: 1501, 7/20/201510:45 AM D DOCTAX PD $0.70
x,18.50 6C .
Prepared by:
Burney J. Carter, P.A.
Post Office Box 780266
Sebastian, FL 32978-0266
When recorded return to:
Burney J. Carter, P.A.
Post Office Box 780266
Sebastian, FL 32978-0266
Parcel ID Number: 31380100002016000021.0
1.
0R
3.
QUIT -CLAIM DEED
IDENTIFICATION OF GRANTORS
Grantors' names and addresses are: JOAN POLLITT
8621 Leatherwood Road
Gulford, Indiana 47022
The word "I" or "me" as hereafter used means the Grantor.
IDENTIFICATION OF GRANTEES
Grantee's name and address is:
CITY OF SEBASTIAN,
a Florida Municipal Corporation
1225 Main Street
Sebastian, Florida 32958
The word "you" as hereafter used means the Grantee.
MEANINGS OF TERMS
The terms I, me, you, grantor, and grantee, shall be non -gender specific ((I)
masculine, (ii).feminine, or (iii) neuter, such as corporations, partnerships o: trusts), singular or
plural, as the context permits or requires, and include heirs, personal representatives, successors or
assigns where applicable and permitted.
4. DESCRIPTION OF REAL PROPERTY CONVEYED
Property hereby conveyed (the "Real Property"), located in Indian River County, Florida, is
described as follows:
Lot 21, Block 16, Sebastian Highlands, Unit 1, according to the plat thereof as recorded in
Plat Book 5, Page 14, Public Records of Indian River County, Florida.
THIS DEED WAS PREPARED BASED UPON THE INFORMATION PROVIDED BY
THE PARTIES HERETO AND WITHOUT THE BENEFIT OF TIME EXAMINATION
AND/OR SURVEY. BY THE DELIVERY (BY GRANTOR) AND ACCEPTANCE (BY
GRANTEE) OF THIS DEED, THE GRANTOR AND GRANTEE AGREE TO
INDEMNIFY AND HOLD HARMLESS THE PREPARER OF THIS DEED FROM ANY
AND ALL LIABILITY ARISING BY REASON OF MATTERS WHICH WOULD HAVE
BEEN REVEALED BY A SEARCH OF THE PUBLIC RECORDS.
27
IK: 2863 PG: 1502
5.
you.
21
CONSIDERATION
Good and valuable consideration plus the sum of Ten Dollars ($10.00) received by me from
CONVEYANCE OF REAL PROPERTY
For the consideration described in Paragraph 5, I convey, remise (to give up a claim), and quit
claim (transfer without warranty) to you any interest I may have in and to the Real Property,
NOT HOMESTEAD
I represent and warrant that the Real Property is neither the homestead or residence ofmyself
or a member of my family, nor is the Real Property adjacent to the homestead or residence of myself
or a member of my family. _.
Executed on 01 u),
Signed in the presence of:
Pei
I Witn ss Signature
1—
Itn ss rioted Name
2" tartness Signature
�1 �or.kS rl. Su`ia`il.(>
Witness Printed Name
STATE OF
COUNTY OF
JOAN POf LITT
8621 Leatherwood Road
Gulford, Indiana 47022
The foregoing instrument was acknowledged before me this �`t day of
015, by JOAN OLLITT, who is personally known to me es or no) or
:ed _ - ��1k,Y — �Le .2 as identification.
IA otary Printed Name:,
Notary Commission Numbei
JtcQueM, cELS Notary Commission Expires:
Naryft%%!rloro*
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